Robinson v. Board of Supervisors
Mississippi Supreme Court
Appeal from the circuit court of Itawamba county. Hon. Claud ClaytoN, Judge. . Mandamus by Floyd Robinson, and others, against the Board of Supervisors of Ittawamba county. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court The contention by appellee will be that, in all that the board did, only matters of discretion were involved, and that the discretion of the board cannot be controlled by mandamus.
Read the full summary
Appeal from the circuit court of Itawamba county. Hon. Claud ClaytoN, Judge. . Mandamus by Floyd Robinson, and others, against the Board of Supervisors of Ittawamba county. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court The contention by appellee will be that, in all that the board did, only matters of discretion were involved, and that the discretion of the board cannot be controlled by mandamus. That if the board committed the error in refusing to amend its judgment the way to correct such •error was by appeal and not mandamus. That…
1Opinion of the CourtBeed, J.
The road commissioners of the Fourth supervisor’s district of Itawamba county presented their, petition to the circuit court, asking’ for a writ of mandamus to compel the board of supervisors of that county to proceed with the issuance and sale of certain road bonds. A demurrer was filed to the petition, which was sustained, and the 'petition dismissed. From this action of the trial court this appeal was taken by the commissioners.
At the May term, 1911, a petition was presented to the board of supervisors of Itawamba county, which con*97tained the names of twenty per cent, of the qualified…
2Cases cited2 opinions
- McHenry v. StateMississippi Supreme Court · 1907
- State Board of Education v. City of West PointMississippi Supreme Court · 1874
3Cited by7 opinions
- City of Greenwood v. ProvineMississippi Supreme Court · 1926
- Rose v. Plymouth TownUtah Supreme Court · 1946
- Board of Sup'rs v. LeeMississippi Supreme Court · 1927
- Hamilton v. LongMississippi Supreme Court · 1938
- Board of Supervisors v. State Ex Rel. ChrislerMississippi Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.